Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4504 of 2020 Arising Out of PS. Case No.-25 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== UPENDRA KUMAR Son of Kunj Mohan Ray Resident of Village - Chhatrapati Harnahi, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 414, 420, 467, 468, 471 of the Indian Penal Code. The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application with a direction to the trial court to conclude the trial preferably within a period of eight months from the date of receipt of the order.

A report was called for from the trial court regarding the stage of the case. It has been reported that the charge has not yet been

Patna High Court CR. MISC. No.4504 of 2020(3) dt.10-06-2020 2/2 framed.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.02.2019 and has got no criminal antecedent. He has remained in custody for more than one year. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. No illegal gain or loss has been made on the part of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Sangrampur P.S. case No.25 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case. (Sudhir Singh, J) Narendra/- U T